The Insolvency (Scotland) Amendment Rules 2010

70.  After Rule 2.26A insert—

2.26B    Remote Attendance at Meetings

(1) This Rule applies to a request to the administrator under section 246A(9)(1) to specify a place for the meeting.

(2) The request must be accompanied by—

(a) in the case of a request by creditors, a list of the creditors making (or concurring with) the request and the amounts of those creditors’ respective debts in the insolvency proceedings in question,

(b) in the case of a request by members, a list of the members making (or concurring with) the request and those members’ voting rights, and

(c) from each person concurring, written confirmation of that person’s concurrence.

(3) The request must be made within 7 business days of the date on which the administrator sent the notice of the meeting in question.

(4) Where the administrator considers that the request has been properly made in accordance with the Act and these Rules, the administrator must –

(a) give notice (to all those previously given notice of the meeting)—

(i) that the meeting is to be held at a specified place, and

(ii) whether the date and time of the meeting are to remain the same or not;

(b) specify a time, date and place for the meeting, the date of which must not be more than 28 days after the original date for the meeting; and

(c) give at least 14 days’ notice of the time, date and place of the meeting to all those previously given notice of the meeting,

and the notices required by subparagraphs (a) and (c) may be given at the same or different times.

(5) Where the administrator has specified a place for the meeting in response to a request to which this Rule applies, the chairman of the meeting must attend the meeting by being present in person at that place.

(6) Rule 7.6 (4), (5), (6) and (7) (expenses of summoning meetings) as applied by Rule 2.26, do not apply to the summoning and holding of a meeting at a place specified in accordance with section 246A(9).

2.26C    Entitlement to Vote and Draw Dividend

(1) A creditor, in order to obtain an adjudication as to entitlement—

(a) to vote at any meeting of the creditors in the administration; or

(b) to a dividend (so far as funds are available) out of the assets of the company in respect of any accounting period,

must submit a claim to the administrator.

(2) A creditor’s claim must be submitted—

(a) at or before the meeting; or, as the case may be,

(b) not later than 8 weeks before the end of the accounting period.

(3) A creditor’s claim must—

(a) be made out by, or under the direction of, the creditor;

(b) have attached an account or voucher (according to the nature of the debt claimed) which constitutes prima facie evidence of the debt; and

(c) state the following matters—

(i) the creditor’s name and address;

(ii) if the creditor is a company, its registered number;

(iii) the total amount of the creditor’s claim (including value added tax) as at the date on which the company entered administration, (or if the company was in liquidation when it entered administration, the date on which it went into liquidation) less any payments that have been made to the creditor after that date in respect of that claim;

(iv) whether or not the claim includes outstanding uncapitalised interest;

(v) particulars of how and when the debt was incurred by the company;

(vi) particulars of any security held, the date on which it was given and the value which the creditor puts on it;

(vii) details of any reservation of title in respect of goods to which the debt refers; and

(viii) the name, address and authority of the person making out the proof, if other than the creditor.

(4) The administrator may dispense with any requirement in paragraph (3)(b) in respect of any debt or any class of debt.

(5) A claim submitted by a creditor, which has been accepted in whole or in part by the administrator for the purpose of voting at a meeting, or of drawing a dividend in respect of any accounting period, shall be deemed to have been resubmitted for the purpose of obtaining an adjudication as to the creditor’s entitlement both to vote at any subsequent meeting and (so far as funds are available) to a dividend in respect of an accounting period or, as the case may be, any subsequent accounting period.

(6) A creditor who has submitted a claim, may at any time submit a further claim specifying a different amount for that creditor’s claim, provided that a secured creditor shall not be entitled to produce a further claim specifying a different value for the security at any time after the administrator has required the creditor to discharge, convey or assign the security.

(7) Where an administration is immediately preceded by a winding up, a creditor who has proved a debt in the winding up is deemed to have proved it in the administration.”.

(1)

Section 246A was inserted by regulation 3(1) of S.I. 2010/18.